The HIDDEN COST Of Proving Your Innocence Law-abiding citizens use guns to defend themselves against criminals as many as 2.5 million times every year, or about 6,850 times per day. This means that each year, firearms are used more than 80 times more often to protect lives than to take lives. What many people don t know is that a good portion of these law-abiding citizens, despite doing the right thing protecting their loved ones against someone intent on doing them harm find themselves faced with the overwhelming burden of proving their actions were justified. These responsible gun owners may find themselves arrested and thrown in jail, facing felony assault charges or worse. They may have to hire an attorney and go on to defend themselves in the courtroom. DEFINING THE CRIME Felony Assault shooting a person with a gun or threatening to kill someone while pointing a gun at a person...substantially more than a punch in the jaw Felony assault and battery are very serious charges; a conviction for one of these crimes can seriously impact the defendant s life. He or she could face a lengthy prison sentence and the stigma of being a convicted felon. Convicted felons cannot vote or possess firearms and often have difficulty finding employment. As it turns out, proving your innocence can get really expensive really quickly. And the truth is, not many people have the money set aside to handle something so complex on their own. With that being said, let s take a look at some of the hidden legal costs that may be associated with even a justified act of self-defense...and what you can do to ensure you re legally and financially protected.
Typical Costs A 36-year-old Medford, Oregon Iraq and Afghanistan War veteran found an individual trying to break in through the back door of his residence. Retrieving a firearm, he warned the intruder to leave. When the intruder refused, the veteran fired a warning shot into the ground in an attempt to force the intruder away. The war veteran told responding officers that he d warned the intruder a convicted felon that he was going to give him one warning shot. Unfortunately, he told the officers this as they arrested him, planning to charge him with unlawful use of a firearm, reckless endangerment, and menacing. Police also confiscated his gun for being used in the commission of a crime. According to Lt. Mike Budreau of the Medford Police Department, There was nothing that the suspect was doing that was aggressive enough to justify the shooting. Easy for HIM to say. Are you confident that you could go it alone and convince a jury to see things your way if THIS is how responding officers reacted to your justified act? The cost of hiring a criminal defense lawyer varies significantly in different areas, and is typically based on the nature and severity of the charges, the complexity of the case, the lawyer s years of experience and reputation, and the size of the law firm. Some attorneys offer a free initial consultation to discuss the specific circumstances of the case and what their legal fees will be, while others charge $250-$500 or more for this session. To hire an attorney, you must pay an up-front fee called a retainer. When the retainer is gone, you will be billed for additional payments while the case is ongoing. Retainers for felony crime cases start around $5,000-$10,000 but can be $25,000 or more for serious cases. THE FLOODGATES OPEN Most likely one of the first costs you ll incur post self-defense incident, a retainer fee for most felony cases may start around $10,000 but could easily be two or three times that amount for serious crimes. Although some criminal defense attorneys charge a flat rate, for serious felony crimes, most charge an hourly rate. No matter which billing method your criminal attorney uses, you will probably have to pay additional expenses beyond the legal fees. Some of these expenses include: Fees charged by an expert witness A paralegal s time An investigator s time Photocopying Travel expenses GOOD ATTORNEYS DON T COME CHEAP The average attorney hourly fee is $250. 3
An individual who wishes to find a competent criminal defense attorney for a murder charge must be prepared to spend at least $20,000 on their case. Murder is a very serious charge that carries stiff penalties. Defendants who plead not guilty and lose their cases during the trial process face the near-certain prospect of a permanent prison sentence. BUT IT WAS JUSTIFIED Even an individual who acted in justified self-defense will likely have to prove it. Your best bet is to hire an experienced attorney with a proven track record of prevailing in such cases. Defendants who believe that they can successfully fight their charges should consider the costs and benefits of retaining a qualified lawyer. A good defense attorney who can secure an acquittal for $50,000 or even $100,000 will be a good investment. Criminal vs. Civil Cases Unfortunately, even if you re found innocent of criminal charges, your justified act of self-defense can be challenged again up to several years later in civil court. THE DANGER DOWN THE ROAD A wrongful death action can be filed if it is alleged that a perpetrator killed another without justification or excuse self-defense being one of the most commonly cited reasons. First, let s start off by establishing that there is a difference in a civil trial and a criminal trial. When you sue someone and take him to civil court, it is usually based on a tort. Tort law involves civil liability between private parties. A plaintiff who wins a tort suit usually recovers the actual damages or compensatory damages that they suffered because of the tort. When someone breaks a criminal law, then the public prosecutor takes them to court for a criminal trial. A man in Wisconsin who was on probation admitted that he d broken in when he was shot by the homeowner, a successful doctor. Fearing for his life, the life of his wife, and the lives of his two children, this doctor shot the invader and was exonerated by the legal system only to then be sued by the criminal in civil court for employing excessive force. If the case gets thrown out of court, the criminal will be charged $500 for court costs, but who expects the State of Wisconsin to ever see that money? Criminals don t follow the law why would they bother to pay their bills? However, if the case moves on and by some perverse twist of fate a jury buys this criminal s ridiculous claims, that doctor could lose a lot more than 500 bucks. Are you confident that you could pay right now, out of pocket for an attorney to defend you against a frivolous civil lawsuit like this? 4
Only a criminal conviction can lead to prison or capital punishment. In civil trials, a verdict will often require the defendant to pay monetary damages to the plaintiff. The damages are divided into two types compensatory and punitive: A 90-year-old retired former Deputy Sheriff in Greenbrae, California was assaulted by a 31-year-old drug addict who broke into his home, tied him up, and pointed a gun directly in his face. Fortunately, the senior citizen was able to get out of his restraints, get to a gun of his own, and shoot the meth-addicted home invader who shot him in the face before fleeing the scene. Now the retiree is being sued by the convicted felon for negligently shooting him and causing him great bodily injury and financial damage. The purpose of compensatory damages is to make the plaintiff whole by paying him or her enough money to make up for whatever wrong was done to him or her. Compensatory damages include medical expenses, lost wages and income, payment for pain and suffering, etc. The purpose of punitive damages is to punish the defendant, thereby providing an incentive for others to behave properly. In some cases, compensatory damages can cover other damages that a re a reasonable consequence of the defendant s negligence. Each state may have different limits and rules regarding compensatory damage awards. The Civil Justice Survey of State Courts (CJSSC) examined 26,948 civil trials that represent a small percentage of the reported 7.5 million civil cases filed in all unified/general jurisdiction state courts nationwide in 2005. Plaintiffs won 58 percent of the cases and received $4.4 billion in damages: Amount of Compensatory Damages Awarded Number of Civil Trials Up To $50,000 9,462 Are you confident that a legal system that would even hear such a ridiculous lawsuit would be swayed in your favor were you forced to defend yourself against a home invader? $50,000-$100,000 $100,001-$250,000 $250,001-$1,000,000 2,012 1,527 1,347 Over $1,000,000 638 5
PROTECTING YOURSELF FROM THE HIDDEN COST OF PROVING YOUR INNOCENCE As important as it is to plan and train for a deadly force encounter, it is absolutely essential that you also give critical thought and attention to the legal and financial consequences of such an event. Few people realize just how quickly these unexpected costs can add up and fewer still have set aside sufficient funds to protect themselves and their families. As unfair as it may seem knowing that protecting yourself and your loved ones could mean losing everything you ve worked so hard for, there are resources available to help cut or even completely eliminate the legal and financial risks associated with justified self-defense. Legal service programs, for example, might cover some of the legal fees associated with a self-defense incident. More comprehensive coverage, like the USCCA s Self-Defense SHIELD, offers criminal defense reimbursement, protects members from Civil Suit Damages, and provides upfront money for various related services including an immediate bail bond and attorney retainer. It s important to note here that 99% of homeowners insurance policies do not cover intentional acts of self-defense a common misconception among responsible citizens who own and carry firearms. In order to ensure your protection, you should seek out a competent lawyer, preferably one who specializes in self-defense law, and find coverage from a reputable organization. The USCCA can help connect you with an attorney in your state and most importantly act as your deep pockets when the hidden costs of a deadly force encounter threaten your legal and financial future. An El Paso, Colorado County jury awarded nearly $300,000 to the daughter of a burglar who was shot and killed in 2009. This judgment came more than 5 years after the initial incident. The civil wrongful death suit cited loss of companionship and loss of future earnings and was in response to two businessmen shooting and killing the burglar as he scaled the fence surrounding their car dealership. Are you confident that you ll have the mental and financial stamina to fight back against a vulturous attorney willing to help the bad guy s family go after you again in civil court? 6